|
Compensation and Liaktillty Act, 42 U.S.C. Section 9571, et seq_ ("CERCLA"); the
<br /> Hazardous Materials Transportation Act, 49 U R.(I Section 1801. at sac : the gesnurian
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. ("P.CRA"); the Toxic
<br /> Substances control Act, 15 U.S.C. Section 2601 et seq_ the Clean Water Act, 33 I.J.S.C.
<br /> Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety
<br /> Code Secticn 251 CC et seq.;the California Hazardous Substance Account Act, Health and
<br /> Safety Cade Section 25249.5 et seq.; Califomia Health and Safety Code Section 25280
<br /> at ssq.; ,(Underground Storage of Hazardous Substances); the California Hazardo 's
<br /> Waste Management act, Health and Safety Code Se~tian 25170.1 et seq_; California
<br /> Health and Safety Code Secttion 2550 et seq.: (Hazardous Materials Release Response
<br /> Plans and Inventory); or the California Porter-Cologne Water Quality Ccntrol Act, Water
<br /> Cod` Secticr, 13000 et seq,, all as amended, or any other federal, state or local statute,
<br /> law, ordinance, resolution, code, rule, regulation, order or decree ,-egulating, -elating to,
<br /> or irncosing liability cr standards of conduct concerning, any r.azardous, toxic or
<br /> dangerous waste, substance or material; as now or at any.time hereafter it effect
<br /> (collectively"Environmental Laws", individually"Er-vironmental Law"), (ii)any substance,
<br /> pr;duct, waste Cr other material of ary nature whatsoever which may give rise to liability
<br /> under any Environmental Law or under any statutory or common law theory based on
<br /> negligence, trespass, intentional tort, nuisance cr strict Jabiiity cr under any retorted
<br /> decisions of a state or federal court, (iii) petr.leum or crude oil including petroleum and
<br /> petroleum products which are cr,ntained within angularly operated rro or vehicles. (ivj
<br /> asbestos, and (v) any radioactive materials,"
<br /> E. Survival. The obligations of Licensor and Licensee as set forth in the
<br /> above Sections A through E, inclusive of this Secticn, 9 of this License, including all
<br /> indemnificaticns, shall surAve the termination of this License.
<br /> 10. Attorney's Pees. In the event ei0er party brings an action or aroitraticn
<br /> proceeding to enforce, interpret or redress the breach of this L;cense, the prevailing party
<br /> in such action shall be entitled to its Iitigation expenses and reasonable attorney's fees
<br /> incurred in addition to all other relief that may to allowed by law. "Prevailing party"within
<br /> the meaning orchis paragraph shall include,without limitation, a psrtywho bangs an action
<br /> or proceeding after the other's breach or default if such action or proceeding is dismissed
<br /> upon the rather party's payment of the sum allegedly due or performance of the covenant
<br /> allegedly breached, or if the party obtains substantially the relief sought by it in the action
<br /> or arbitration.
<br /> 4
<br /> =HCl C t©'JI I ��✓�'? b 6�= F DNI �IvL1tj� 5 IJP H71 d 9 9/bT%'
<br />
|